Tex. Codes » Business & Commerce Code · TITLE 1. UNIFORM COMMERCIAL CODE · CHAPTER 2. SALES
Texas Codes

Tex. Bus. & Com. Code § 2.314 (2026)

Implied Warranty: Merchantability; Usage Of Trade

✓ current as of May 2026
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Sec. 2.314. IMPLIED WARRANTY: MERCHANTABILITY; USAGE OF TRADE. (a) Unless excluded or modified (Section 2.316), a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind. Under this section the serving for value of food or drink to be consumed either on the premises or elsewhere is a sale.

(b) Goods to be merchantable must be at least such as

(1) pass without objection in the trade under the contract description; and

(2) in the case of fungible goods, are of fair average quality within the description; and

(3) are fit for the ordinary purposes for which such goods are used; and

(4) run, within the variations permitted by the agreement, of even kind, quality and quantity within each unit and among all units involved; and

(5) are adequately contained, packaged, and labeled as the agreement may require; and

(6) conform to the promises or affirmations of fact made on the container or label if any.

(c) Unless excluded or modified (Section 2.316) other implied warranties may arise from course of dealing or usage of trade.

Acts 1967, 60th Leg., p. 2343, ch. 785, Sec. 1, eff. Sept. 1, 1967.

Notes of Decisions
Cited in 2 cases, 2006–2020 · leading case: Ackermann Ex Rel. Ackermann v. Wyeth Pharm., 471 F. Supp. 2d 739 (E.D. Tex. 2006).
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Ackermann Ex Rel. Ackermann v. Wyeth Pharm., 471 F. Supp. 2d 739 (E.D. Tex. 2006). “As to a breach of an implied warranty of merchantability under Tex. Bus. Comm.Code section 2.314, no privity of contract is required in a suit for personal injuries, i.”
Buraimoh v. BMW of North Am., LLC (W.D. Tex. 2020). “Implied Warranty BMW moves to dismiss Buraimoh’s breach of implied warranty of merchantability claim under TEX. BUS. COMM. CODE § 2.314(b)(3), arguing that he has failed to allege with sufficient specificity how the Vehicle is not merchantable.”
— Tex. Bus. & Com. Code § 2.314(b)(3) — 1 case
Buraimoh v. BMW of North Am., LLC (W.D. Tex. 2020). “Implied Warranty BMW moves to dismiss Buraimoh’s breach of implied warranty of merchantability claim under TEX. BUS. COMM. CODE § 2.314(b)(3), arguing that he has failed to allege with sufficient specificity how the Vehicle is not merchantable.”
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